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HERKRATH v. GAFFIN & MAYO

192 A.D.2d 487 (1993)

597 N.Y.S.2d 34

Peter Herkrath, Plaintiff, v. Gaffin & Mayo, P. C., et al., Respondents and Third-Party Plaintiffs-Respondents. Mark Grossman, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 29, 1993

The IAS Court properly determined that third-party defendant Grossman's motion for summary judgment dismissing the third-party complaint was precluded by triable issues of fact with respect to Grossman's role, if any, as plaintiff's counsel, in causing or exacerbating plaintiff's damages in the underlying legal malpractice action, and with respect to the viability of the Gaffin Defendants' third-party claim for contribution as against...

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